High Court of Punjab and HaryanaCRM-M/52831/2018allowed

Gurcharan Singh @ Charna v. State Of Punjab

2019-04-02Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.52831 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.52831 of 2018 Decided on: 02.04.2019 Gurcharan Singh @ Charna ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. L.S. Sidhu, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.74 dated 01.08.2018, for offence punishable under Sections 21/22/61/85 of the Narcotic Drug and Psychotropic Substances Act, 1985 (in short 'the NDPS Act'), registered at Police Station Sadar Moga, District Moga.

Counsel for the petitioner has submitted that as per the allegations in the FIR, the police on receiving a secret information conducted a raid and recovered 700 tablets of Tramadol Tramats and as per the FSL report, the same is found to be containing 203 gms of Tramadol Hydrochloride, which falls in non-commercial quantity. It is further submitted that the petitioner is not involved in any other case and the petitioner is in custody since 02.08.2018 and conclusion of the trial will take long time as out of 11 prosecution witnesses nominated in MOHD YAKUB 2019.04.02 15:48 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.52831 of 2018 the list of witnesses, only 02 PWs have been examined. Counsel for the State, on instructions from HC Jaswant Singh has not disputed the factual position but opposed the prayer for bail.

Without commenting anything on merits of the case, considering the fact that the tablets are found to be containing 203 gms of Tramadol Hydrochloride, which falls in non-commercial quantity; the petitioner is not involved in any other case; he is in custody since 02.08.2018 and conclusion of the trial is likely to take some time, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 02.04.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.04.02 15:48 I attest to the accuracy and authenticity of this document High Court, Chandigarh